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Case C-333/21 European Super League: Oral hearing before the ECJ 11-12/07/2022 - Full Summary



Dear Club Representatives,


For your information, this comprehensive document provides to the European clubs and members of the CAP APP a summary developed by LaLiga (as an interested party) of the oral hearing before the Court of Justice of the EU on the occasion of the preliminary ruling that is being examined in the Superleague Case (Case C-333/21 European Super League).


Questions examined:


The questions included in the request for a preliminary ruling lodged by the Madrid Commercial Court No. 17 with the Court of Justice of the EU refer to the following matters:


  • If the system of prior authorisation by FIFA and UEFA with respect to the competition of a third party restricts competition in the EU market (infringing Articles 101 and 102 of the Treaty of the EU), where no regulated procedure, based on objective, transparent and non-discriminatory criteria, exists, and considering the possible conflict of interest affecting FIFA and UEFA. In the event that there is a restriction, if there are legitimate objectives which justify this restriction in light of the case-law of the Court of the EU and of the Treaty of the EU (Art. 165).


  • If Articles 101 and 102 of the Treaty of the EU prohibit conduct by FIFA, UEFA, their member associations and/or national leagues which consists of a threat to adopt sanctions against clubs participating in the Super League, and/or their players owing to the deterrent effect which they may create.


  • If such sanctions were adopted excluding them from competitions or banning them from taking part in national team matches, would those sanctions, if not based on objective, transparent and non-discriminatory criteria, constitute an infringement of Articles 101 and/or 102 of the Treaty of the EU?


Please open the PDF below to review the summary of the comments of the main and interested parties:


  • European Super League Company, S.L. (“ESL”) and A22 Sports Management, S.L. (“A22”)

  • UEFA

  • FIFA

  • LaLiga

  • RFEF (Spanish Royal Federation)

  • Governments’ comments

  • Comments of the European Commission

  • Issues noted by the Court


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